Importance Of Fatwa In Islamic Law

word ‘fatwa’ derives from the root word afta, which means ‘clarification’ and ‘explanation’. It is the explanation and interpretation of Islamic law for any question or problem. Fatwa can be called as the Islamic ruling or verdict. It has a significant place in Islamic law. It is treated as an instrument, which helps in the growth of Islamic laws and their reasoning. It is a practice by the followers of Islam which is based on some principals, procedures, certain schemes and discipline and all these are widely discussed and interpreted by Muslim scholars.
An overview of the historical backdrop of fatwa recommends three distinct ideas connected with the term: organisation of information about Islam in general, consultation to the courts of …show more content…
It is the opinion or explanation which comes out after the interpretation of Islamic law. Various legal institutions have come up from time to time and at various muslim societies, which issue fatwas, to continue the legacy of the Prophet and to regulate the local practices and interpret the islamic law in the best interest of the society. These institutions are being developed from time to time, starting from the Islamic era to present day.
The work of muftis has always been treated at par to the work th court judge, in the muslim society. There have been many cases in which one has seen formal ties between the courts and the muftis. But the way of interpreting and giving judgment is way different in both the cases. The roles which both these played are quite distinct. Judges heard all the claims, looked at evidences, applied the legality, and then delivered judgment, whereas, muftis took individual questions and that to when asked by the individuals voluntarily to give an opinion on an issue. The interpretation of laws is also quite different. A judge looks into the evidences, arguments and oaths and then interprets the law to give judgment. Muftis were totally relied on the theoretical Islamic law. They try to interpret the textual sources of law i.e. the Quran and …show more content…
The question itself forms a big part of their research on the matter. Questions itself defines the seriousness of the issue and how much involvement or engagement of a mufti is required in the matter. A questioned putted forward is not examined; it is treated the way it is. If made a comparison between a judge and a mufti on this, a judge have the liberty to apply their own knowledge and past cases, whereas a mufti has no power to examine the question unless and until if asked in the question. One point to be notes is that, the questions which are being asked cannot be imaginary or hypothetical, it has to be something which is occurring or present in the society. The content of the question and the way it has been drafted is utmost important, as this explains the seriousness of the issue and it effects the manner in which a mufti looks into the issue. There have been instances in which redrafting of the query has been asked to do before the mufti can look into